Candice Schwagner v. Carol Anne Manley, David Peterson, Silverado Senior Living, Inc., D/B/A Silverado Living Center-Sugar Land Sugar Land

ACCEPTED
01-15-00158-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
3/23/2015 2:32:26 AM
CHRISTOPHER PRINE
CLERK

CAUSE NO. 1-15-00158-CV

FILED IN
1st COURT OF APPEALS
IN THE COURT OF APPEALS FOR THE FIRST DISTRICT HOUSTON,
OF TEXAS TEXAS
AT HOUSTON, TEXAS 3/23/2015 2:32:26 AM
CHRISTOPHER A. PRINE
Clerk
CANDICE SCHWAGER, pro se

Appellant

V.

CAROL ANNE MANLEY, DAVID PETERSON, SILVERADO SENIOR
LIVING, INC. D/B/A SILVERADO LIVING CENTER-SUGAR LAND

Appellees

APPELLANTS' MOTION TO DISMISS

Respectfully submitted,

/s/Candice L Schwager
Candice L Schwager
SCHWAGER LAW FIRM
1417 Ramada
Houston, Texas 77962
Tel: 832.315.8489
Fax: 832.514.4738
schwagerlawfirm@live.com
Attorney Pro Se
 TO THE HONORABLE JUSTICES OF THE FIRST COURT OF APPEALS:

NOW COMES, CANDICE SCHWAGER, PRO SE ATTORNEY, and files

her unopposed motion to dismiss without prejudice and would show the Court as

follows:

1. On or about October 9, 2014, Probate Court No. 1 held a hearing on

DEFENDANTS’ MOTION FOR SANCTIONS against her, wherein no

admissible evidence was produced;

2. On or about November 10, 2014, the Court issued two sanctions orders, one

of which was based upon rulings pursuant to a Rule 91a Dismissal, for

frivolous claims. The second sanctions order for $10,000 was based upon an

alleged violation of Texas Disciplinary Rule 3.7 concerning excessive pre-

trial publicity.

3. On or about December 9, 2014, the trial court heard Appellant’s

Motion to Reconsider and Rescind both sanctions orders, as well as

the orders pursuant to Rule 91a upon which one sanctions order

was based.

4. On or about January 9, 2015, the trial court signed an Order dismissing

the claims against the only remaining party and denying reconsideration of the

sanctions orders.

 2 On or about January 17, 2015, Appellants filed a motion to dismiss the

guardianship matter because it was rendered moot by the death of the proposed

ward; However, the trial court failed or refused to dismiss the guardianship

matter or enter a final judgment without a further hearing with a status

conference just scheduled for March 25, 2015.

3 On February 9, 2015, CANDICE SCHWAGER, PRO SE (“Appellant”)

filed a Notice of Appeal in which she complained of orders entered

November 10, 2014 and finalized January 9, 2015, being concerned that

deadlines for appeal not pass due to the ability to appeal some probate courts on

an interlocutory basis—even in the absence of final order or judgment. These

orders are as follows:

a. Order granting Silverado Senior Living, Inc. d/b/a Silverado

Senior Living – Sugar Land's (“Silverado”) Rule 91a motion to

dismiss;

b. Order denying motion to reconsider 91a motion to dismiss and

motion for sanctions, signed on January 9, 2015;

c. Order granting Silverado's first amended plea to the

jurisdiction, signed on January 9, 2015;

d. Order granting Sanctions against Candice Schwager under Texas

Rule of Civil Procedure 10 for $5000.00 signed November 10,

 2014, reconsideration denied January 9, 2015; and

e. Order granting Sanctions against Candice Schwager under Rule 3.7

of the Texas Disciplinary Rules of Professional Conduct for

$10,000, dated November 10, 2014, reconsideration denied January

9, 2015.

6. On March 9, 2015, Appellants in Cause No. 1-15-00157 Filed a First

Amended Notice of Appeal to include the sanctions orders in this appeal.

7. However, the trial court still has yet to enter a final judgment resolving

all parties and all claims. Moreover, the PARTIES have consolidated their

appeals. So, the notice of appeal appears to be filed prematurely and should be

dismissed without prejudice.

WHEREFORE, Appellant respectfully requests the Court to dismiss

this appeal without prejudice to refilling, pending final judgment in the trial

court. Appellant prays for such other relief, to which she may be justly entitled.

Respectfully submitted,

/s/Candice L Schwager
Candice L Schwager
SCHWAGER LAW FIRM
1417 Ramada
Houston, Texas 77962
Tel: 832.315.8489
Fax: 832.514.4738
schwagerlawfirm@live.com
Attorney Pro Se

 CERTIFICATE OF
CONFERENCE

I hereby certify that I conferred with attorney Russ Jones on or about
February 23rd and he is in agreement with this dismissal.

/s/Candice L Schwager
Candice L Schwager

CERTIFICATE OF
SERVICE

I hereby certify that a true and correct copy of the above document
was e- filed and sent by email or electronic delivery by agreement to all
counsel of record on this 23rd of March, 2015.

/s/Candice L Schwager
Candice L Schwager

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